LAWS(HPH)-2022-3-84

SNEH LATA MANDIAL Vs. STATE OF HIMACHAL PRADESH

Decided On March 08, 2022
Sneh Lata Mandial Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of this petition, filed under Sec. 482 of the Criminal Procedure code, the petitioner has prayed for quashing of order dtd. 6/10/2021, passed by learned District Consumer Disputes Redressal Commission, Una, Camp at Hamirpur, H.P., in E.A. No.07 of 2016, titled as Rakesh Kumar Versus Jai Gurudev Tractors, vide which the learned Consumer Forum has passed the following order:-

(2.) Having heard learned counsel for the petitioner as also learned Additional Advocate General who has put in appearance on behalf of respondent No.1, this Court is of the considered view that filing of the present petition under Sec. 482 of the Criminal Procedure Code is nothing but an abuse of the process of law.

(3.) The Consumer Protection Act is both substantive as well as procedural law. The order which is intended to be assailed under Sec. 482 of the Criminal Procedure Code before this Court has been passed by the learned District Consumer Forum in terms of the powers so conferred upon it under Sec. 27 of the Consumer Protection Act, 1986. Sec. 27A of the Consumer Protection Act reads as under:-